© 2003 Prentice Hall, Inc. 1 Chapter 13 Prison Life

© 2003 Prentice Hall, Inc. 2 Total Institutions Erving Goffman coined the term (1961). The place where people work, play, eat, sleep, and recreate together on a daily basis. Examples of total institutions: prisons concentration camps summer camps mental hospitals seminaries

© 2003 Prentice Hall, Inc. 3 formal/official - consists of rules and procedures established by the local, state, or federal authorities informal/unofficial - also called prison subculture Two social structures exist in prison: Prison Subcultures

© 2003 Prentice Hall, Inc. 4 values and behavioral patterns specifically characteristic of prison inmates develops independently of plans of prison administrators often more powerful than formal/official structure includes values, roles, and even a special language Prison Subcultures Informal Structure

© 2003 Prentice Hall, Inc. 5 Five elements of the prison code: don’t interfere with interests of other inmates – don’t rat on others play it cool and do your own time don’t whine – be a man don’t exploit inmates – don’t break your word don’t be a sucker – don’t trust guards or staff Sykes and Messinger: “The Inmate Social System” (1960) Prison Subcultures

© 2003 Prentice Hall, Inc. 6 Two models of prison society: deprivation model – Prison subculture is an adaptation to the situation. importation model – An inmate brings with him to prison specific values, roles, and behaviors from the outside world. Prison Subcultures

© 2003 Prentice Hall, Inc. 7 Staff is mostly concerned with custody and control. Officers undergo socialization process that helps them function by official andunofficial rules of prison. Prison Life The Staff World

© 2003 Prentice Hall, Inc. 8 Types of correctional officers: dictator friend merchant turnkey climber reformer Prison Life The Staff World

© 2003 Prentice Hall, Inc. 9 A dictator uses prison rules to enforce their own brand of discipline. Some use false bravado to hide their fear of prisoners. They may have sadistic personalities. This type of correctional officer is the one most likely to be targeted for vengeance. Dictator Prison Staff

© 2003 Prentice Hall, Inc. 10 This type tries to fraternize with the prisoners by trying to be “one of the guys.” Usually, these are the young and inexperienced officers. Friend Prison Staff

© 2003 Prentice Hall, Inc. 11 participates in the prison economy supplies drugs, pornography, alcohol, and sometimes even weapons to prisoners Merchant Prison Staff

© 2003 Prentice Hall, Inc. 12 cares little about what goes on in the prison may be close to retirement or may have become alienated from job “turnkey” - comes from prison language - Someone who is just there to open and shut doors and cares nothing more than just getting through the day. Prison Staff Turnkey

© 2003 Prentice Hall, Inc. 13 typically a young officer who is interested in advancement more interested in their own careers than the problems of prisoners pursues additional schooling and training programs Prison Staff Climber

© 2003 Prentice Hall, Inc. 14 A reformer tends to lend a sympathetic ear to the personal needs of prisoners. They are motivated by personal ideals. Some of these officers are very religious. Prisoners perceive these officers to be naïve, but harmless. Prison Staff Reformer

© 2003 Prentice Hall, Inc Attica Prison, NY Atlanta Federal Penitentiary, Atlanta, GA State Correctional Institution, Camp Hill, PA Southern Correctional Facility, Lucasville, OH Prison Riots

© 2003 Prentice Hall, Inc. 16 A.insensitive prison administration and neglected inmate demands B.carry-over of violent lifestyle of prisoners C.dehumanizing prison conditions 1.overcrowding 2.lack of individual expression Prison Riots Causes

© 2003 Prentice Hall, Inc. 17 Power vacuums created: 1.changes in administration of prison creates power vacuum 2.transfer of influential prisoners to other prisons 3.court ordered injunctions that change daily routine Prison Riots Causes

© 2003 Prentice Hall, Inc. 18 Five Phases of a Prison Riot: 1)explosion (tends to involve binges – alcohol and drugs) – buildings burned, hostages taken, old grudges settled 2)organization (into inmate led groups) Stages of Prison Riots

© 2003 Prentice Hall, Inc. 19 3)confrontation (with authorities) 4)termination (through negotiation or physical confrontation) 5)reaction and explanation (usually by investigative commission) Stages of Prison Riots

© 2003 Prentice Hall, Inc. 20 Increase in women in prison is due primarily to drug offenses. Approximately 6.6% of all prisoners nationwide are women. California has the largest number of women in prison, exceeding the federal government. Prison Life Women in Prison

© 2003 Prentice Hall, Inc. 21 Prison Inmates by Gender and Ethnicity in State and Federal Prisons, 2000 Source: Allen J. Beck and Paige M. Harrison, Prisoners in 2000 (Washington, D.C.: Bureau of Justice Statistics, 2001).

© 2003 Prentice Hall, Inc. 22 Profile of Women’s Prisons: American Correctional Association Report Most women’s prisons are located in small towns of 25,000 or less. Most women’s prisons have few major disturbances or escapes. The number of women being sent to prison is on the increase. Prison Life

© 2003 Prentice Hall, Inc. 23 Most women prisoners have less than a high school education. Most of the women’s prisons do not have programs specifically designed for women. Substance use among women inmates is very high. Prison Life

© 2003 Prentice Hall, Inc. 24 “ National Survey of Programs for Incarcerated Women” Mary Clements (1991) Their average age is % are African American or Hispanic. Most come from single parent homes or broken homes. 50% have other family members in prison. 50% are high school dropouts. Prison Life

© 2003 Prentice Hall, Inc % left school because they were pregnant. 55% have been arrested on the average of 2-9 times. 65% have run away between 1-3 times. 39% report drug use makes them feel better emotionally. Prison Life

© 2003 Prentice Hall, Inc % have attempted suicide at least once. 62% are single parents with 1-3 children. 25% have either recently given birth or are pregnant. Prison Life

© 2003 Prentice Hall, Inc. 27 Making it in Prison, Esther Heffernan (1972) Square 1.has few early experiences with criminal life 2.tends to sympathize with values and attitudes of conventional society 3.represents a small number of prisoners Prison Life

© 2003 Prentice Hall, Inc. 28 Prison Life Cool 1.more likely to be career offenders 2.tend to keep to themselves 3.generally supportive of prison values Lifer 1.familiar with life of crime 2.have repeat arrests for prostitution, drug use, and theft 3.full participants in economic, social, and family arrangements of prison Women

© 2003 Prentice Hall, Inc. 29 Prisoner Rights: Legal Basis of Prisoners’ Rights Pell v. Procunier (1974) U.S. Supreme Court established “balancing test” balancing test - attempts to weigh rights of individual against the authority of the states to make laws or otherwise restrict a person’s freedom in order to protect its interests and its citizens

© 2003 Prentice Hall, Inc. 30 Cruz v. Beto (1972) This case established that prisoners must be given a “reasonable opportunity” to pursue their faith, even if it differs from traditional forms of worship. Meeting facilities must be provided for religious purposes when those same facilities are made available to other groups of prisoners for other purposes. Prisoner Rights Religious Freedom

© 2003 Prentice Hall, Inc. 31 Smith v. Coughlin (1984) Court held that prisoners in segregation do not have to be permitted the opportunity to attend religious services. Prisoner Rights

© 2003 Prentice Hall, Inc. 32 Dettmer v. Landon (1985) Federal court held that a prisoner who claimed to practice witchcraft must be provided with the artifacts necessary for his worship. Prisoner Rights

© 2003 Prentice Hall, Inc. 33 Hill v. Blackwell (1985) Prison regulations prohibiting the wearing of beards, even those grown for religious purposes, were held acceptable for security considerations. Prisoner Rights

© 2003 Prentice Hall, Inc. 34 Prisoner Rights Prisoners also have the right to: 1.attend services of other religious groups 2.receive visits from ministers 3.correspond with religious leaders 4.observe religious dietary laws 5.wear religious insignia

© 2003 Prentice Hall, Inc. 35 Freedom of Speech – contact with the media Pell v. Procunier (1974) Supreme Court held that media interviews could be conducted through regular visitation arrangements or through correspondence, but denied prisoners opportunity to hold special meetings with members of the press. Prisoner Rights

© 2003 Prentice Hall, Inc. 36 Houchins v. KQED, Inc. (1978) News personnel cannot be denied correspondence with prisoners, but they have no constitutional right to interview prisoners or to inspect correctional facilities beyond the visitation opportunities available to others. Prisoner Rights

© 2003 Prentice Hall, Inc. 37 Prisoner Rights Mallery v. Lewis (1983) Magazines which depict deviant sexual behavior can be banned, however, prisons cannot ban nude pictures of inmates’ wives and girlfriends.

© 2003 Prentice Hall, Inc. 38 Freedom of Speech – right to communicate with non-prisoners Procunier v. Martinez (1974) Prisoner’s mail may be censored if it is necessary to do so for security purposes. Prisoner Rights

© 2003 Prentice Hall, Inc. 39 McNamara v. Moody (1979) Court upheld right of prisoner to write vulgar letters to his girlfriend, in which he made disparaging remarks about prison staff. Prisoner Rights Freedom of Speech – right to communicate with non-prisoners

© 2003 Prentice Hall, Inc. 40 Legal Assistance – right to access the courts Bounds v. Smith (1977) Right of prisoners to petition the court was recognized. It is the duty of the state to assist prisoners in preparation and filing of legal papers. Prisoner Rights

© 2003 Prentice Hall, Inc. 41 Lewis v. Casey (1996) Court overturned part of Bounds v. Smith (1977). Prisoners are not guaranteed the “wherewithal to file any and every type of legal claim.” States are required to provide tools to prisoners so they can attack their sentences and conditions of confinement. Prisoner Rights Legal Assistance – right to access the courts

© 2003 Prentice Hall, Inc. 42 Legal Assistance Prisoners also have the right to: visits from attorneys mail communications with attorneys communicate with legal assistance organizations consult with “jail-house lawyers” Prisoner Rights

© 2003 Prentice Hall, Inc. 43 Medical Treatment – sanitary and healthy conditions Ruiz v. Estelle (1982) Court found Dept. of Corrections lacking in its medical treatmentprograms. Court monitored Dept. of Corrections while it improved: a)record keeping b)physical facilities c)general medical care Prisoner Rights

© 2003 Prentice Hall, Inc. 44 Newman v. Alabama (1972) prison medical services inadequate not enough medical personnel poor physical facilities poor medical records lack of medical supplies medically untrained personnel who determined need for treatment Prisoner Rights Medical Treatment – sanitary and healthy conditions

© 2003 Prentice Hall, Inc. 45 Medical Treatment – right to medical attention for serious problems Estelle v. Gamble (1976) Court concerned itself with “deliberate indifference” on part of staff toward prisoner’s need for serious medical attention. Court specified prison officials’ duty to provide for inmates’ medical care. Prisoner Rights

© 2003 Prentice Hall, Inc. 46 Right to Protection Prisoners have the right to: food, water, and shelter A.protection from foreseeable attack B.protection from predictable sexual attack C.protection against suicide Prisoner Rights

© 2003 Prentice Hall, Inc. 47 Right to Privacy Most of the major Supreme Court cases have held that prisoners cannot have a reasonable expectation to privacy when incarcerated. Examples: Katz v. U.S. (1967) U.S. v. Ready (1978) Hudson v. Palmer (1984) Block v. Rutherford (1984) Prisoner Rights

© 2003 Prentice Hall, Inc. 48 Hudson v. Palmer (1984) Palmer was a prisoner, Hudson was a correctional officer. Palmer claimed Hudson had destroyed some of his property following a cell search. Palmer’s complaint centered on lack of due process which accompanied the destruction. Court ruled that prison officials need to be able to conduct thorough, unannounced searches, and that these searches preclude prisoner privacy in personal possessions. Prisoner Rights

© 2003 Prentice Hall, Inc. 49 partial return to “hands off doctrine” established grievance procedure Prison Litigation Reform Act (1996) Prisoner Rights

© 2003 Prentice Hall, Inc. 50 Prisons Today Issues Aids geriatric offenders mentally ill inmates